Christopher J. “CJ” Frisina

• Representing health care providers and suppliers in operational and regulatory matters, including arrangements that implicate the Stark Law and Anti-Kickback Statute.
• Drafting and evaluating compliance program policies and procedures for pharmaceutical manufacturers, mental health providers, and other health care and life sciences companies.
• Advising health care providers and suppliers on compliance with the CARES Act Provider Relief Fund (PRF) requirements.
• Representing health care providers and suppliers, including medical device manufacturers, who are targets of criminal investigations led by the U.S. Department of Justice (DOJ).
• Assisting physician practice groups in setting up in-office laboratories compliant with the Stark Law.
• Conducting internal compliance investigations addressing potential False Claims Act violations.
• Drafting self-disclosures and advisory opinion requests to the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG).
• Responding to government investigations and conducting internal investigations for skilled nursing facilities and other senior living providers on issues including documentation and coding, physician certifications, MDS requirements, laboratory testing (including COVID-19), and employment of excluded persons.
• Advising pharmaceutical manufacturers on promotional labeling practices and review.
• Representing health care entities and excluded providers before the HHS OIG Departmental Appeals Board (DAB) and in federal court.
• Co-hosted Alston & Bird’s multipart series on HRSA’s Provider Relief Fund (PRF), advising health care providers on how to properly obtain payments for lost revenue during the pandemic and how to be prepared and respond to government audits.

Pro Bono Representation

• Appealed a provider’s exclusion from federal health programs before an HHS administrative law judge, the DAB, and in federal court.
• Appealed a district court’s denial of a petition for a writ of habeas corpus before the U.S. Court of Appeals for the Seventh Circuit.
• Appealed a district court’s denial of a motion to exclude evidence, arguing that law enforcement stopped the defendant’s vehicle without the reasonable articulable suspicion required by the Fourth Amendment.

Christopher J. (“CJ”) Frisina guides health care providers and vendors through the multitude of federal and state statutes and regulations that govern their businesses, including the Anti-Kickback Statute, the Stark Law, Civil Monetary Penalties, and the False Claims Act. CJ assists his clients in avoiding fraud, waste, and abuse liability by bolstering corporate compliance programs, investigating potential instances of non-compliance, and defending clients during government criminal, civil, and administrative investigations led by the U.S. Department of Justice (DOJ), the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG), and other federal agencies related to the Federal health care programs (e.g., Medicare, Medicaid, Tricare, etc.), Federal Emergency Management Agency (FEMA) awards, and Provider Relief Fund (PRF) awards.

CJ also represents clients in challenging unlawful government regulations, funding decisions, and other agency actions under the Administrative Procedure Act (APA) in federal court. CJ has represented a variety of health care providers and suppliers in such matters, including hospital systems, Medicare Advantage organizations, retail and specialty pharmacies, long-term care and senior living facilities, and clinical laboratories.

Bar Admissions

• District of Columbia
• U.S. Supreme Court

Education

• American University (J.D., 2015)
• American University (M.P.P., 2015)
• Emmanuel Christian Seminary (M.A.R., 2011)
• Johnson University (B.A., 2008)

Memberships